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made, cannot, before the condition is performed, make a good title to the chattel, even to a bona fide purchaser without notice.

YOUNG V. MILLER.

Mortgage - Indorsee of Note no interest, at law, in Mortgage.

The indorsee of a note, secured by mortgage, cannot maintain a writ of entry in his own name to foreclose the mortgage, it not having been assigned to him.

MOLINEUX v. COBURN.

Delivery of Mortgage.

Proof of the execution of a mortgage of personal property by the mortgagor, and its delivery by him to a third person to be recorded, together with its subsequent possession by the mortgagee, is sufficient to warrant the jury in finding a due delivery.

TAYLOR V. CHEEVER.

Case of Cleverly v. Brackett considered.

The case of Cleverly v. Brackett, 8 Mass. 150, is probably misreported. The doctrine said to have been decided in that case, that one holding a pledge, cannot sue for his debt without giving up the pledge, is not law.

VEAZIE V. WILLIS.

Guaranty― Whether applicable to Forged Note.

Plaintiff was requested to buy a note purporting to be made by A. payable to B. and by him indorsed, and indorsed by C. and D. Before making the purchase he showed the note to defendant, who inquired about it of C., and for a valuable consideration agreed in writing to "guaranty the payment of a note, &c.," describing it as a genuine note.

The signatures of A. and B. were forgeries, but this fact was not known to either party.

Held, the guaranty applied to the forged note, and that defendant was liable.

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A note was given by plaintiffs to defendant for $4000, payable in one year," with interest payable annually," and secured by mortgage.

After the expiration of the year a suit was brought for one year's interest, judgment obtained and satisfied. On a bill to redeem, it was held that the judgment for ininterest was no merger of the principal debt.

Sale of a

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PEMBROKE IRON Co. v. PARSONS.

Cargo" of Goods, not qualified by Estimate of Quantity.

Defendant agreed to sell plaintiffs "a cargo of old railroad iron to be shipped per bark Charles William,” at a certain price per ton, delivered at Boston,-" damages of the seas excepted- about three hundred or three hundred and fifty tons." The iron was at Savannah, and the C. W. was a vessel employed in the coasting trade between Savannah and Boston. Defendant delivered only two hundred and twenty-seven tons, and that was all the C. W. could fairly carry between these ports at that season of the year.

Held, plaintiffs could not recover for the difference be tween two hundred and twenty-seven tons and three hundred tons, that the agreement was for a cargo, and not for any specific number of tons.

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NOTE. We have no doubt of the correctness of this decision, but it may interest our readers to compare it with a recent one in England upon a contract which at first view appears very similar in its terms with that contained above. In Bourne v. Seymour, decided in the Common Pleas in England, May, 1855, 32 Eng Law & Eq. R. 455, the contract was one of sale; the bought and sold note read thus: 'Bought for Messrs. B. & Co. from S. about 500 tons of nitrate of soda in bags, of good merchantable quality, to be ready for delivery before 31 Dec. 1854, at &c.," (stating the terms with minuteness.) "It is understood that the above nitrate of soda is to form the full and complete cargo of The John Phillips, 345 tons register, now on her passage to Sidney, to proceed thence, without undue delay, to the west coast of South America, there to load the above. In the unexpected event of The John Phillips getting ashore, or being unable to prosecute her voyage from any casualties of the sea, then the seller agrees to deliver, and the buyers agree to take, in

Dieu thereof, another cargo or cargoes of equal quality, to be named at the earliest practicable period prior to arrival off the coast; the nitrate of soda so substituted being liable to all the conditions of this contract. The only ground on which the seller is to be excused the delivery of the above nitrate of soda, is the loss of the vessel, (or that which may be substituted for it,) on her homeward voyage, in which case this contract is to be considered void, but in no other event whatever."

The John Phillips performed her voyage. It was held that this was a contract for the sale of five hundred tons, more or less, and was not limited to the amount that the J. P. would carry.

JOHNSON V. Rayner.

Grant - Deed-Words to pass the Soil.

In a real action, the tenant pleaded the general issue, and also as to a part of the premises, non-tenure and disclaimer; and the only issue tried was as to this portion.

Held, that a verdict that the tenant did not extend his building over the land of the defendant, was a proper finding in favor of the tenant upon this issue.

S. made a deed to C., granting also "a well of water, with the curves, pumps and all utensils belonging to them, as the same now stands on other land of me, the said S., and a right at all times to pass and repass to and from the said well of water, through my said other land, and to set up shears or any other machine on my said land for the purpose of reparing said well of water and the pumps therein, whenever the said C. may think proper so to do; reserving to myself and my heirs and assigns the free and uninterrupted privilege of the hand-pump, in the aforesaid well, and of the said well and water." Held, that this was a grant of the soil occupied by the well and necessary to its enjoyment, and a reservation to the grantor of an easement therein.

CLARK V. SCUDDER.

Action, Local - Covenant.

On a covenant for quiet possession in a deed of land, no action lies by one who holds only by privity of estate of the covenantor, except in the county where the land lies, although it is out of the commonwealth, and both parties reside here.

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BOYD V. Frieze.

Bill of Exchange — Consideration for Forbearance.

Forbearance to sue the drawer of a bill, on receiving the bill of a third person as security for the first bill, is evidence from which a jury may infer an agreement to forbear to sue the original drawer, and so may constitute a sufficient consideration for the second bill.

SMALL V. Sumner.

Receipt, Construction of.

A receipt for the "amount of net proceeds" of chattels of a perishable nature, attached and sold by assignment under Rev. Sts. c. 90, §§ 58–61, given by the authorized attorney of the debtor, on a settlement with the creditor, is conclusive, in the absence of fraud or mistake, against a claim of the debtor for an additional sum.

BROWN v. FOGG.

Poor Debtor, Examination of.

A creditor was notified to attend at a certain hour an examination of the debtor upon his application to take the poor debtor's oath, and went to the place appointed within the hour. The justices had already administered the oath and discharged the debtor. Held, the discharge was invalid.

MITCHELL AND ANOTHER v. Dyer anD ANOTHER.

Insolvent Law - Property.

B. indorsed notes of A. to enable A. to purchase coal and wood, the parties agreeing that the coal and wood purchased would be transferred to B. as security for said indorsements, to be assigned by B. to A. for sale; and A. accordingly executed to B. assignments of the bills of lading of the coal, and, after the discharge of the coal, bills of sale thereof; and procured the vendors of the wood to execute bills of sale thereof to B.; and B. from time to time conveyed all the coal and wood to A. for sale, and never had, or took, or demanded possession of any part thereof, but suffered A. to sell the same in his usual course

of business, as if he had been the absolute owner thereof, until within a month of his petitioning for the benefit of the insolvent laws, when both parties, knowing that A. was insolvent, B. took possession of the coal and wood remaining unsold.

Held, that B. was entitled to hold it as against A.'s assignee in insolvency.

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One who claims a chattel as a donatio causâ mortis, is not bound by a decree of the judge of probate, ordering distribution of said chattel with other property of the deceased, and cannot therefore appeal from the decree.

MUNROE v. MERRILL.

Officer, Return of, on Writ of Execution.

An officer who arrests a debtor on execution, and afterwards discharges him upon his showing a writ of protec tion, cannot, in an action for false imprisonment, justify under the execution, unless his return thereon show that the arrest was made.

MCFADDEN v. Burns.

Conflict of Laws

Usury in another State- Penalty.

By the law of Missouri, six per cent. is the lawful rate of interest, and in a suit on a promise by which more than that rate is recovered, the plaintiff recovers the lawful amount to his own use, and the unlawful interest to the use of the county schools.

Held, that in an action on such a contract brought in this commonwealth, the plaintiff could recover six per cent. interest and no more.

FIELD V. CRAWFORD AND TRUSTEES.

Securities, Application of Trustee Process - Mortgage.

A. mortgaged land to B. to secure payment of six thousand dollars. A. afterwards sold the land to C. who assigned to B. the policies of insurance on the buildings standing upon the mortgaged land, "as collateral security for A.'s note, the surplus of said policies to be paid to D. or his assigns."

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